( 2025:JHHC:31510 ) Cr.M.P. No.2925 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2925 of 2025 Iliyas Ansari, aged about 24 Years, S/o Abdul Rashid Ansari, R/o Village –Kouwakhap, Henjla, P.O. & P.S. –Kuru, District –Lohardaga (Jharkhand) .... Petitioner Versus State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mrs. Shweta Singh, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 inter- alia with the prayer to quash the order dated 21.06.2025, passed by the learned Sub Divisional Judicial Magistrate, Khunti, in Karra P.S. Case No. 23 of 2024 whereby and where under the learned Sub Divisional Judicial Magistrate, Khunti has issued the proclamation under Section 82 of the Cr.P.C. without fixing time and place for appearance of the petitioner, who is the accused person of the case in respect of whom, said proclamation under Section 82 of the Cr.P.C. has been issued. 3. It is submitted by the learned counsel for the petitioner that the proclamation under Section 82 of the Cr.P.C. has been issued vide ( 2025:JHHC:31510 ) Cr.M.P. No.2925 of 2025 2 the impugned order without following the due process of law and without fixing any time and place for appearance of the petitioner, who is the accused person of the case. Therefore, the same is not sustainable in law. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed. 4. The learned Additional Public Prosecutor on the other hand vehemently opposes the prayer and submit that though it has not been specifically mentioned but it is crystal clear that the petitioner has to appear on any day after 30 days from the date of proclamation of the said notice in the court of learned Sub Divisional Judicial Magistrate, Khunti. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that when the court issues the proclamation under Section 82 of Cr.P.C. on being satisfied that the accused person is absconding and concealing himself to evade his arrest, such court must mention the time and place for appearance of the accused person in respect of whom such proclamation under Section 82 of the Cr.P.C. is issued in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sub Divisional Judicial Magistrate, Khunti has not fixed any time or place for appearance of the petitioner in the ( 2025:JHHC:31510 ) Cr.M.P. No.2925 of 2025 3 impugned order, this Court has no hesitation in holding that the order dated 21.06.2025, passed by the learned Sub Divisional Judicial Magistrate, Khunti, in Karra P.S. Case No. 23 of 2024 whereby and where under the learned Sub Divisional Judicial Magistrate, Khunti has issued the proclamation under Section 82 of the Cr.P.C., is not sustainable in law. 6. Accordingly the order dated 21.06.2025, passed by the learned Sub Divisional Judicial Magistrate, Khunti, in Karra P.S. Case No. 23 of 2024 whereby and where under the learned Sub Divisional Judicial Magistrate, Khunti has issued the proclamation under Section 82 of the Cr.P.C., is quashed and set aside. 7. The learned Sub Divisional Judicial Magistrate, Khunti may pass a fresh order in accordance with law. 8. This criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th October, 2025 AFR/Sonu-Gunjan/- Uploaded on 14/10/2025